STATE  OF  NEBRASKA 
DEPARTMENT  OF  PUBLIC  INSTRUCTION 
LINCOLN 


FREE  TEXT  BOOKS 


REPRINT  FROM 

TWENTY-SECOND  BIENNIAL  REPORT 
1913 


JAMES  E.  DELZELL 

STATE  SUPERINTENDENT 


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J I J y | J 

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FREE  TEXT  BOOKS 


The  opinion  still  obtains  that  Nebraska  has  the  best  free  text 
book  law  in  the  United  States.  No  changes  have  been  made  in  the  law 
or  in  the  rulings  and  decisions  relative  to  its  operation  for  a number 
of  years.  The  exposition  of  the  free  text  book  law  given  in  Superin- 
tendent J.  L.  McBrien’s  biennial  report,  1908,  is  so  complete  that  I 
am  pleased  to  give  herewith  an 

EXCERPT  FROM  THE  TWENTIETH  BIENNIAL  REPORT. 

The  argument  which  State  Superintendent  Thompson  made  in  his 
first  biennial  report,  1878,  for  free  text  books  was  a voice  crying  in 
the  wilderness  to  prepare  the  way  for  our  splendid  free  text-book  law 
passed  by  the  legislature  of  1891  under  the  administration  of  State 
Superintendent  A.  K.  Goudy,  to  whom  the  law  will  always  stand  as  a 
monument.  Hear  the  argument  advanced  by  Superintendent  Thompson 
in  behalf  of  free  text-books: 

“The  plan  of  furnishing  text-books  by  the  district  as  other  school 
apparatus  of  instruction  is  furnished,  is  rapidly  growing  into  favor  in 
both  east  and  west.  For  this  plan  is  claimed: 

“1.  The  necessary  books  are  ready  at  the  beginning  of  the  term 
and  no  pupil  is  kept  back  by  waiting  until  he  can  send  to  the  store 
for  his  books. 

“2.  Every  pupil  has  the  right  kind  of  books  and  enough  of  them. 

“3.  Absolute  uniformity  is  secured  at  once  and  can  be  kept  up 
without  difficulty. 

“4.  Needed  changes  in  books  can  be  made  without  additional 
cost;  since  when  one  lot  is  worn  out  a different  kind  cap  be  bought 
without  additional  expense  above  what  the  same  kind  would  cost. 

“5.  More  pupils  come  to  school  where  books  are  free,  and  thus 
the  benefits  of  the  school  are  extended  to  a larger  number.  Pupils  stay 
longer  in  school  where  they  do  not  have  to  buy  books. 

“6.  It  is  much  cheaper.  The  books  can  be  bought  in  quantities 
at  wholesale,  at  a reduction  of  from  20  to  40  per  cent  below  retail 
prices.  Also,  experience  show  that  books  last  longer  when  owned 
by  the  district  than  when  they  are  the  property  of  individual  pupils, 
partly  because  they  are  kept  in  the  school  house  and  free  from  the 
wear  and  tear  of  home  use,  and  of  carriage  to  and  fro;  and  partly 
because  the  books  are  used  until  worn  out,  being  used  by  several  pupils 
in  succession.  A careful  collation  of  several  hundred  experiments 
shows  that  when  the  books  are  furnished  by  the  district,  the  whole 
expense  for  books  for  a series  of  years  will  be  less  than  half  what  it 
would  have  been  under  the  plan  of  individual  ownership. 

“7.  Where  free  text-books  are  furnished,  if  a man  moves  into 
the  district  his  children  can  go  into  the  school  at  once,  without  addi- 


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STATE  SUPERINENDENT’S  REPORT 


tional  expense,  and  when  he  leaves  for  a different  locality  he  does 

not  carry  with  him  a large  number  of  text-books  for  which  he  will  - 

find  no  use  in  his  new  place  of  residence. 

“These  and  other  things  are  claimed  by  the  friends  of  free 
text-books,  and  I must  say  that  the  experience  of  districts  that  have 
tried  the  plan  in  this  state,  goes  far  to  confirm  them. 

“In  the  report  for  1877,  sixty  districts  were  returned  as  having 
this  plan  on  trial.  As  nearly  as  can  be  ascertained  at  the  present  time, 
about  seventy-five  districts  are  furnishing  free  text-books.  In  the 
month  of  May  a circular  of  inquiry  was  addressed  to  a number  of  these 
districts,  asking  the  following  questions: 

“1.  How  long  have  you  been  furnishing  free  text-books? 

“2.  What  reduction  from  retail  prices  did  you  get  when  you 
purchased  your  books? 

“3.  What  is  the  average  cost  to  the  district  per  annum,  per  pupil? 

“4.  How  does  the  plan  work? 

“5.  What  difficulties  do  you  meet? 

“To  the  first  question  the  answers  varied  from  ‘one’  to  ‘five  years.’ 

“To  the  second  question,  the  answers  show  that  an  average 
deduction  from  retail  prices  was  made  of  about  25  per  cent;  but  some 
received  40  per  cent  off. 

“To  the  third  question,  the  answers  varied  from  50  cents  per 
pupil,  per  year,  to  $1.25. 

“To  the  fourth  question,  one  reports  ‘ a failure,’  another  ‘badly,’ 
the  remaining  eighteen  of  the  twenty  reporting,  speak  of  the  plan  as 
working  ‘admirably,’  ‘well,’  ‘popular  with  teachers,’  ‘not  opposed  by 
patrons,’  ‘great  advantage,’  ‘works  very  satisfactorily,’  perfect  success,’ 

‘could  not  have  had  a school  without  it,’  etc.,  etc. 

“To  the  fifth  query,  one  answers,  ‘pupils  do  not  like  soiled  books, 
and  do  not  take  care  of  them;’  others  answer,  ‘no  serious  difficulty,’ 
‘principal  difficulty  is  the  choice  of  books,  and  perhaps  the  total  de- 
pravity of  some  pupils,’  ‘to  induce  teaciiers  to  feel  responsible  for  the 
care  of  the  books;  this  ought  to  be  stipulated  in  the  contract,’  ‘no 
difficulties,’  etc.,  etc. 

“Of  the  two  districts  that  report  ‘failure  and  dissatisfaction,* 
one  furnished  books  only  to  those  too  poor  to  buy  them;  and 
both  are  unable  to  tell  the  expense  of  the  experiment,  showing  that 
the  matter  was  not  carefully  managed.  As  it  is,  90  per  cent  of  all 
districts  reporting  are  highly  pleased  with  the  plan. 

“Suggestions. — (1)  Districts  that  now  furnish  or  contemplate 
furnishing  free  text  books,  should  present  the  question  at  the  annual 
meeting,  and  have  a tax  voted  for  the  purpose. 

“(2)  Buy  all  books  needed  at  the  same  time  and  from  the  same 
dealer,  and  thus  get  the  best  reduction  from  retail  prices  possible;  this 
should  not  be  less  than  25  per  cent,  and  in  some  cases  may  be  more.  * 

“(3)  Provide  a strong  book  case  or  closet  in  the  school  house, 
one  that  can  be  locked  and  in  which  the  books  can  be  stored  for  safe 


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keeping.  A case  with  as  many  compartments  as  there  are  pupils  in 
the  school,  is  very  convenient,  to  prevent  mixing  the  books  in  charge 
of  different  pupils,  when  the  books  are  temporarily  stored  away. 

“(4)  Have  all  the  books  numbered  and  labeled  as  soon  as 
bought,  with  a label  something  like  tne  following: 

‘Text-book  Library  No. * 

This  book  belongs  to 
School  District  87, 

Lancaster  County. 


“1.  Books  must  not  he  taken  from  the  schoolroom  without  the 
express  permission  of  the  teacher  in  each  case. 

“2.  Books  must  be  accounted  for  to  the  Director,  by  the  teacher, 
at  the  end  of  edch  term. 

“3.  In  case  of  the  loss  or  material  injury  of  a book  by  a pupil, 
the  book  must  he  replaced  by  the  pupil. 

“4.  The  teacher  will  keep  a strict  account  of  what  books  are 
loaned,  and  to  whom. 

“5.  To  mark  upon  or  otherwise  deface  any  hook  furnished  by  the 
district,  must  he  regarded  as  a serious  offense. 

“6.  The  teacher  has  full  authority  to  enforce  these  rules.’ 

“(5)  Provide  a hook  in  which  to  keep  a catalogue  of  books,  and  a 
record  of  those  loaned  to  pupils. 

“(6)  Make  the  teacher  responsible  for  all  losses  that  follow  from 
want  of  care  by  him. 

“(7)  Keep  an  accurate  account  of  all  expenditures  for  books,  so 
that  it  may  be  possible  for  the  district  to  judge  intelligently  from 
year  to  year  whether  it  pays  to  continue  the  plan.” 

We  give  here  our  present  free  text-book  law  and  the  opinions  of 
Superintendents  Corbett,  Jackson  and  Fowler,  as  well  as  the  decisions 
of  the  Supreme  Court  and  the  rulings  of  this  department  thereon. 

LAW 

The  act  of  1891  entitled  “An  act  to  provide  cheaper  text-books, 
and  for  district  ownership  of  the  same,”  reads  as  follows: 

Section  1 (4  885*). — Purchase  of  books  by  board. — District  school 
boards  and  boards  of  trustees  of  high  school  districts,  and  boards  of 
education  in  cities  of  the  first  and  second  class,  are  hereby  empowered 
and  it  is  made  their  duty  to  purchase  all  text  books  necessary  for  the 
schools  of  such  district;  and  they  arc  further  authorized  to  enter 


* Numbers  in  brackets  refer  to  section  numbers  in  the  Compiled 
Statutes  of  Nebraska,  1901. 


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STATE  SUPERINENDENT’S  REPORT 


into  contract,  as  hereinafter  provided,  with  the  publishers  of  such  books 
for  a term  of  years,  not  to  exceed  five  ( 5 ) ; Provided,  that  the  con- 
tract prices  of  such  books  shall  not  exceed  the  lowest  price  then  granted 
to  any  dealer,  state,  county,  township,  school  district,  or  other  in- 
dividual or  corporation  in  the  United  States,  to  be  determined  as  here- 
inafter provided;  And  provided  further,  that  such  contract  shall  guar- 
antee to  such  districts  any  further  reduction  that  may  be  granted 
elsewhere  during  the  life  of  such  contract. 

Section  2.  (4886). — Bond  of  Publisher. — Before  any  publisher  of 
school  books  shall  be  permitted  to  enter  into  contract  with  any  school 
district  under  the  provisions  of  this  act.  he  shall  file  with  the  state 
superintendent  of  public  instruction,  to  be  approved  by  him,  a good 
and  sufficient  bond  in  the  sum  of  two  thousand  ($2,000)  to  twenty 
thousand  dollars  ($20,000)  for  the  faithful  performance  of  the  con- 
ditions of  such  contracts  and  the  observance  of  the  requirements  of 
this  act;  and  such  publisher  shall  also  file  with  the  state  superintend- 
ent of  public  instruction  a sworn  statement  of  the  lowest  prices  for 
which  his  series  of  text-books  are  sold  anywhere  in  the  United  States; 
and  a failure  to  file  such  bond  and  sworn  statement  of  prices  shall  be 
a good  and  valid  defense  on  the  part  of  the  district  against  payment  for 
any  books  that  may  be  sold  by  such  publisher  prior  to  the  date  of  filing 
such  bond  and  sworn  statement  of  prices;  and  all  such  contracts  to 
which  such  publisher  is  a party  made  subsequent  to  the  passage  of 
this  act  and  prior  to  filing  such  bond  and  sworn  statement  of  prices 
shall  be  null  and  void. 

Sec.  3 (4887). — Payment  for  books. — For  the  purpose  of  paying 
for  school  books,  the  school  district  officers  may  draw  an  order  on 
the  county  or  township  treasurer  for  the  amount  of  school  books 
ordered. 

Sec.  4 (4888). — Same. — The  county  or  township  treasurer  shall 
pay  orders,  drawn  by  school  district  officers,  for  the  purchase  of  school 
books,  out  of  any  funds  in  his  hands  belonging  to  the  district,  except 
the  money  received  from  that  derived  from  the  teachers’  fund. 

Sec.  5.  (4889). — School  book  trusts. — Any  contract  entered  into 
under  the  provisions  of  this  act  with  any  publisher  who  shall  hereafter 
become  a party  to  any  combination  or  trust  for  the  purpose  of  raising 
the  price  of  school  text-books  shall,  .«t  the  wish  of  the  school  board 
of  the  district  using  such  books,  become  null  and  void. 

Sec.  6 (4890). — Price  lists. — The  state  superintendent  of  public 
instruction  shall,  within  thirty  (30)  days  after  the  filing  of  the  herein- 
before mentioned  sworn  statement  of  prices  of  text-books,  have  the 
same  printed  and  forward  a sufficient  number  of  certified  copies  of 
same  to  each  of  the  county  superintendents  of  the  state  to  furnish  all 
the  school  districts  of  such  county  with  one  copy  each;  and  the  county 
superintendent  shall  immediately  after  receiving  said  certified  copies 
of  prices  of  books,  send  or  deliver  one  of  such  certified  copies  to  the 


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director  or  secretary  of  each  school  district  or  board  of  education  in 
such  county,  to  be  filed  as  a part  of  the  records  of  such  district;  and  he 
shall  also  file  one  of  said  certified  copies  of  prices  in  his  office  as  a part 
of  the  records  of  said  office. 

Sec.  7 (4891). — Contract,  form  of. — It  shall  be  the  duty  of  the 
state  superintendent  of  public  instruction  to  prepare  and  have  printed 
a form,  of  contract  between  district  boards  and  publishers  of  school 
books,  and  to  furnish  the  same,  through  the  county  superintendent, 
to  the  several  district  boards  of  the  state;  and  no  other  form  of  contract 
shall  be  used  by  such  district  boards  and  publishers  in  carrying  out 
the  provisions  of  this  act. 

Sec.  8 (4892) . — Violation  of  Contract. — Upon  the  filing  of  a written 
complaint  with  the  state  superintendent  of  public  instruction  by  the 
officers  of  any  district  board,  charging  any  publisher  with  violating 
*the  conditions  of  such  contract  as  hereinbefore  mentioned,  the  attorney 
general  is  hereby  instructed,  and  it  shall  be  his  duty,  to  investigate  the 
same,  and  if  he  finds  probable  cause  for  action  he  shall  immediately 
begin  proceedings  in  the  name  of  the  state  to  enforce  the  liability  on  the 
bond  herein  before  mentioned. 

Sec.  9 (4893). — Property  in  books. — All  books  purchased  by  dis- 
trict boards,  as  hereinbefore  mentioned,  shall  be  held  as  the  property 
of  the  district,  and  loaned  to  the  pupils  of  the  school  while  pursuing 
a course  of  study  therein  free  of  charge;  but  the  district  boards  shall 
hold  such  pupils  responsible  for  any  damage  to,  loss  of,  or  failure  to 
return  such  books  at  the  time  and  to  the  person  that  may  be  designated 
by  the  board  of  such  district. 

Sec.  10  (4894). — Supplies. — The  provisions  of  this  act  shall  in- 
clude all  school  supplies;  Provided,  That  nothing  in  this  act  shall  be 
construed  to  prohibit  any  pupil  or  parent  from  purchasing  from  the 
board  such  books  as  may  be  necessary  at  cost  to  the  district;  Provided, 
further,  That  the  board  may  designate  some  local  dealer  to  handle  books 
for  the  district,  with  such  an  increase  above  contract  price,  to  pay  cost 
of  transportation  and  handling,  as  may  be  agreed  upon  between  said 
board  and  said  dealer. 

SUPERINTENDENT  H.  R.  CORBETT. 

In  the  Fourteenth  Biennial  Report  of  the  State  Superintendent  of 
Public  Instruction  to  the  Governor  of  Nebraska  (1895-6),  Superin- 
tendent H.  R.  Corbett  gives  the  result  of  a special  investigation  of  the 
results  and  popularity  of  the  Free  Textbook  Law.  I give  herewith 
a few  of  the  questions  submitted  by  him  to  the  county  and  city 
superintendents,  principals,  and  country  school  teachers,  and  the 
replies  received  thereto.  In  some  cases  I include  comments  made  by 
Superintendent  Corbett  in  his  report. 

Is  the  average  condition  and  care  of  books  better  or  worse  than 
it  was  in  the  same  schools  under  individual  ownership?  Of  the  164 


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STATE  SUPERINENDENT’S  REPORT 


answers  received,  eighty-six  indicate  “better,”  thirty-five  “worse,”  and 
forty-three  indicate  no  difference. 

Does  the  free  text-book  system  lead  to  any  increase  in  school  en- 
rollment? Of  the  172  answers,  129  say  “yes,”  thirty-seven  “no,”  and 
six  are  doubtful. 

Does  it  promote  regular  attendance?  Of  the  161  answers,  eighty- 
nine  answer  “yes,”  fifty-eight  “no,”  and  fourteen  are  doubtful. 

Is  there  any  marked  decrease  in  entire  cost  of  books  to  the  com- 
munity as  a whole?”  Of  the  168  answers,  128  are  “yes,”  thirty-three 
“no,”  and  seven  are  doubtful. 

Do  school  boards  as  a rule  furnish  books  more  promptly  and  in 
sufficient  quantities?  Is  the  supply  more  full  and  prompt  and  satis- 
factory than  when  pupils  furnish  the  books?  Of  the  176  answers, 

161  are  “yes,”  twelve  are  “no,”  and  three  are  doubtful. 

What  means  are  employed  for  securing  good  care  of  books? 

Among  the  significant  answers  to  this  question  are  the  following: 
“Regular  inspections,  books  being  inspected  and  their  condition  being 
recorded  by  the  teacher.”  (This  is  one  of  the  most  effective  means, 
and  if  systematically  done  requires  but  little  time.)  “Books  num- 
bered and  charged  to  pupils  in  text-book  register.”  “Tact  and  care 
on  the  part  of  the  teacher.”  (This  suggestion  gives  the  key  to  the 
situation.)  “Pupils  required  to  purchase  books  lost  or  carelessly  in- 
jured.” (A  requirement  eminently  proper  under  the  law.)  “The 
covering  of  books.”  (A  fresh  new  paper  cover  at  the  beginning  of  the 
term  will  go  a long  way  toward  making  the  books  uniform  and 
attractive.)  “Careful  use  of  bookcases.”  “Care  insisted  upon  by 
school  boards.”  “Talks  to  teachers  in  institutes  and  associations.” 
“Circular  to  teachers.” 

In  conclusion,  Superintendent  Corbett  says: 

“I  have  taken  pains  in  compiling  the  answers  received  to  report 
favorable  and  unfavorable  replies  with  equal  fairness.  My  desire 
has  been  to  enable  the  reader  of  this  summary  to  gain  from  it  in  brief 
compass  an  accurate  idea  of  the  esteem  in  which  the  law  is  held  by 
the  school  people  of  the  state. 

“These  are  its  advantages,  briefly  stated:  It  is  a logical  sequence 
to  the  free  school  idea,  diminishing  still  further  the  barrier  between 
rich  and  poor,  removing  an  obstacle  which  stands  in  the  way  of  attend- 
ance of  the  very  class  the  common  schools  are  designed  to  reach; 
it  reduces  largely  the  cost  of  books  to  the  community  as  a whole;  it 
enables  the  management  of  the  school  to  secure  a more  satisfactory  and 
seasonable  supply  of  books  and  materials;  when  properly  administered,  * 

it  freely  permits  the  use  of  books  that  are  needed  for  study  at  home 
and  helps  the  teacher  to  inculcate  habits  of  neatness  and  care  in  the 
use  of  books. 

“The  chief  objections  to  the  system  come  from  two  sources:  (1) 
from  those  who  oppose  all  taxation  for  school  purposes;  (2)  from 


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9 


places  where  carelessness  in  the  administration  of  the  law  has  resulted 
in  unnecessary  destruction  of  books,  and  in  careless  habits  on  the 
part  of  the  pupils.” 

“I  consider  it  safe  to  affirm  that  wherever  proper  attention  has 
been  paid  to  the  administration  of  the  law,  the  results  have  been 
highly  gratifying  to  school  authorities,  teachers  and  patrons.  It  is 
furthermore  safe  to  assume  that  having  once  come  to  understand  the 
advantages  of  this  logical  extension  of  the  free  school  idea,  the  people 
of  Nebraska  will  not  willingly  go  back  to  the  system  formerly  in  use.” 

SUPERINTENDENT  W.  R.  JACKSON. 

In  the  Fifteenth  Biennial  Report  (1897-8)  Superintendent  W.  R. 
Jackson  gives  the  result  of  his  inquiries  and  observations  as  follows: 

The  free  text-book  law  has  been  in  operation  in  this  state  since 
1891.  Of  the  6,703  school  districts  in  Nebraska,  5775  own  and  fur- 
nish text-books  to  the  pupils  free  of  cost.  In  many  districts  it  is 
mutually  agreed  among  the  patrons  of  the  school  not  to  take  advantage 
of  the  provisions  of  the  law.  While  all  within  the  district  are  satisfied 
with  this  plan,  they  may,  of  course,  furnish  the  books  individually,  or 
the  district  may  plan  to  secure  books  at  contract  price  and  sell  to 
pupils  at  cost,  but  if  anyone  living  within  the  district  demands  free 
text-books  for  his  children  who  attend  school,  the  law  not  only  “em- 
powers” the  school  board  to  furnish  them,  but  makes  it  “their  duty 
to  purchase  all  text-books  necessary  for  the  schools  of  such  districts.” 

One  of  the  features  which  commends  our  present  law  to  the 
favorable  consideration  of  the  taxpayers  is  the  provision  regulating  the 
cost  of  books  as  follows:  “That  the  contract  price  of  such  books 
shall  not  exceed  the  lowest  price  then  granted  to  any  dealer,  state, 
county,  township,  school  district,  or  other  individual  or  corporation 
in  the  United  States,  to  be  determined  as  hereinafter  provided;  and 
provided  further,  that  such  contract  shall  guarantee  to  such  districts 
any  further  reduction  that  may  be  granted  elsewhere  during  the  life 
of  such  contract.”  It  will  be  seen  by  the  above  extract  that  school 
districts  in  this  state,  regardless  of  size  or  financial  ability,  may  obtain 
text-books  on  as  favorable  terms  as  the  largest  and  most  influential 
district  or  corporation  in  the  United  States. 

Another  strong  feature  may  be  noted.  The  law  does  not  restrict 
the  district  from  purchasing  books  from  one  firm  or  company.  This 
gives  great  latitude  in  the  selection  of  books  and  is  a very  desirable 
feature. 

The  law  as  a whole  is  a good  one,  perhaps  one  of  the  best  found 
in  any  state,  and  scarcely  needs  any  amendments.  About  twenty  of  the 
leading  book  companies  of  the  United  States  have  filed  bonds,  together 
with  sworn  statements  of  their  lowest  contract  prices  for  books.  Some 
districts  have  contracts  with  five  or  six  of  these  companies  and  thus  are 
able  to  select  the  best  books  put  out  by  each  company. 


10 


STATE  SUPERINENDENT’S  REPORT 


The  advantages  and  arguments  in  favor  of  free  text-books  may 
be  summed  up  in  the  following: 

Reports  having  reached  this  office  that  our  present  free  text-book 
law  is  not  giving  satisfaction,  it  was  thought  expedient  to  canvass  the 
views  of  the  people  generally  throughout  the  state  for  the  purpose 
of  ascertaining  the  exact  status  of  this  matter,  thus  enabling  me  to 
recommend  such  measures  for  the  consideration  of  the  legislature  as 
might  be  best  for  the  educational  interests  of  the  state.  For  this  pur- 
pose the  following  questions  were  submitted  to  school  officers,  prin- 
cipals, and  superintendents  throughout  the  state. 

1.  In  your  judgment,  has  this  law  had  the  effect  of  improving 
the  school  work  in  your  community? 

2.  Are  the  people  of  your  community  satisfied  with  it? 

3.  Has  it  in  your  judgment,  had  the  effect  of  reducing  the  cost 
of  school  books? 

4.  Would  you  favor  a change  in  the  law?  If  so,  in  what  respect? 

5.  Would  you  favor  a repeal  of  the  law  altogether  and  a return 
to  the  old  plan  of  the  individual  purchase;  that  is,  where  the  pupils 
purchase  the  books  themselves? 

6.  Additional  remarks  and  suggestions. 

I have  received  replies  from  over  3,000  persons.  Of  this  number, 
only  5 out  of  132  town  and  city  superintendents  favor  a repeal  of  the 
present  law.  But  one  or  two  county  superintendents  are  opposed  to 
the  law  as  it  stands,  and  a vast  majority  of  school  officers  Reporting 
for  their  districts  say  they  are  in  favor  of  the  present  law.  Eighty 
per  cent  of  the  school  officers  answer  the  first  question  in  the  affirm- 
ative; 83  per  cent  are  satisfied  with  present  conditions;  7 6 per  cent 
inform  me  that  the  present  law  results  in  a reduction  in  the  cost  of 
books;  28  per  cent  favor  some  change  in  the  law,  but  the  changes  pro- 
posed are  almost  as  numerous  as  the  persons  suggesting  them,  many 
suggesting  points  already  covered  by  the  law;  while  18  per  cent  favor 
a repeal  of  the  law  altogether,  the  reason  given  by  the  major  portion 
is  that  “individual  ownership  would  result  in  better  care  of  books.” 
Under  “additional  remarks  and  suggestions,”  the  statements  made 
would  indicate  that  in  some  districts  too  little  care  is  taken  in  the  care 
of  text-books;  while  on  the  whole  these  remarks  would  indicate  that  the 
present  law  is  about  as  satisfactory  as  it  would  be  possible  to  make  it. 

At  the  end  of  another  two  years,  in  the  Sixteenth  Biennial  Report 
(1899-1900),  Superintendent  Jackson  says,  relative  to  the  free  text- 
book law: 

The  law  enacted  in  1891  providing  that  the  text-books  for  use  in 
the  public  schools  of  the  state  shall  be  furnished  free  to  the  pupils  is 
still  in  force  and  effect.  It  has  not  been  amended  in  any  way. 

The  purpose  of  the  law  is  to  secure  to  the  people  of  each  district 
the  widest  latitude  in  the  management  of  their  schools.  The  object 
of  the  law  in  authorizing  the  school  district  to  contract  for  the  needed: 


FREE  TEXT  BOOKS 


11 


text-books  was  two-fold.  1st,  to  insure  to  the  district  the  right  to 
purchase  the  books  at  the  lowest  wholesale  rates  offered  on  such 
books  anywhere  in  the  United  States,  thus  securing  to  the  district 
the  benefit  of  universal  competition  throughout  the  country,  and  2nd, 
to  protect  the  people  of  the  district  against  the  expense  incident 
to  too  frequent  changes. 

Preparatory  to  entering  into  a contract  under  the  law,  the  pub- 
lishers must  first  have  with  the  State  Superintendent  of  Public  In- 
struction a sworn  statement  of  their  lowest  wholesale  prices  of  books, 
and  must  be  willing  to  execute  a bond  for  the  protection  of  school  dis- 
tricts contracting  for  same.  By  this  provision  of  the  law,  each 
district  secures  not  only  the  benefit  of  competition  in  this  state,  but  in 
all  other  states  where  said  publisher’s  books  are  used.  The  pro- 
tection of  the  people  of  a district  against  too  frequent  changes  in 
text-books  is  sought  to  be  secured  by  the  provision  of  the  law  author- 
izing school  boards  to  enter  into  contracts  with  their  publishers  for  their 
books  for  a term  of  years. 

I might  add  that  experience  has  shown  that  teachers  moving  from 
one  district  to  another  frequently  feel  it  incumbent  upon  them  to 
discard  some  of  the  text-books  in  use  for  others  of  the  same  kind  but  of 
different  authorship.  This  disposition  often  exists  where  there  is  a 
large  supply  of  the  text  it  is  proposed  to  throw  out  in  good  condition; 
and  where  the  change  is  made,  under  such  circumstances  particularly, 
it  results  in  large  expense  to  the  pepple  of  the  district.  The  correct 
procedure  for  any  school  board,  in  my  opinion,  is  to  exercise  discrim- 
inating care  in  making  its  first  selection  of  books;  being  solicitous  to 
get  the.  best  the  market  affords  at  the  lowest  obtainable  price,  then 
to  keep  its  teachers  informed  from  year  to  year  as  to  the  names  of  the 
books  selected  in  the  different  grades,  so  that  when  handing  in  their 
requisition  to  the  school  officer  charged  with  keeping  up  the  supplies, 
none  but  the  regularly  adopted  books  will  be  called  for.  Of  course, 
this  suggestion  is  not  intended  to  apply  where  new  studies  are  added 
to  the  course,  or  where  the  books  in  use  need  to  be  supplemented  in 
the  judgment  of  the  teacher,  acting  with  the  board,  in  order  to  secure 
the  best  results. 

DECISIONS  OF  THE  SUPREME  COURT  AND  OFFICIAL  DECISIONS. 

Damage  to. — If  any  person  shall  wilfully  and  maliciously  injure 
or  deface  any  church  edifice,  school  house,  dwelling  house,  or  other 
building,  its  fixtures,  or  books,  or  appurtenances,  or  shall  commit  any 
nuisance  therein,  or  shall  purposely  and  maliciously  commit  any  tres- 
pass upon  the  enclosed  grounds  attached  thereto,  or  any  fixtures  placed 
thereon,  or  any  enclosure  or  sidewalk  about  the  same,  such  person 
shall  be  fined  in  any  sum  not  exceeding  one  hundred  dollars. — Section 
111,  Chapter  XIV,  Criminal  Code,  Compiled  Statutes  of  Nebraska  for 
1901. 


12 


STATE  SUPERINENDENT’S  REPORT 


Must  Furnish. — Subdivision  18  of  the  School  Laws  is  mandatory, 
and  it  is  not  within  the  authority  of  the  annual  district  meeting  to 
vote  not  to  furnish  text-books;  under  this  law  any  patron  of  the  district, 
by  the  proper  legal  proceedings  could  compel  the  district  board  to 
furnish  his  children,  pupils  in  the  school,  the  necessary  text-books, 
notwithstanding  any  action  or  failure  to  act  on  the  part  of  the  district 
meeting.  Some  patron  of  the  district  should  apply  to  the  district 
court  in  behalf  of  the  district  for  a writ  of  mandamus  to  compel  the 
board  'to  furnish  to  the  children  of  the  district  the  necessary  text-books. 
See  the  case  of  Ambrose  Aff holder  et  al.  v.  State  of  Nebraska  ex  rel. 
Peter  McMullen,  51  Nebr.  91.  In  this  case,  in  the  district  court  of 
Burt  county,  Peter  McMullen  made  application  for  a peremptory  writ 
of  mandamus  to  compel  Ambrose  Affholder  and  others,  consisting  of  the 
school  board  of  district  No.  5 8 of  said  county,  to  purchase  and  furnisn 
to  the  children  of  school  age  of  said  district  the  necessary  text-books 
in  accordance  with  the  free  text-book  law.  An  alternative  writ  was 
issued,  and  for  a return  thereto  the  school  board  interposed  the 
defense  that  said  act  was  unconstitutional.  The  writ  was  issued  as 
prayed,  and  the  school  board  appealed  the  case  to  the  Supreme  Court, 
The  Supreme  Court  sustained  the  district  court.  A writ  of  mandamus 
will  not  issue  where  it  is  not  within  the  power  of  the  respondent 
lawfully  to  comply,  or  where  it  would  otherwise  be  unavailing.  46 
Nebr.  857. 

Funds  for  Purchase. — Text-books  may  be  paid  for  out  of  any  funds 
on  hand  belonging  to  the  general  fund,  to  the  incidental  fund,  or  to  a 
fund  especially  provided  for  this  purpose. 

Includes  Supplies. — In  passing  upon  the  constitutionality  of  the 
free  text-book  law,  in  discussing  the  Word  “supplies,”  the  following 
language  is  used  by  the  judge  rendering  the  decision:  “We  do  not 
think  the  term  ‘text-books’  should  De  given  a techn'cal  meaning,  but 
that  it  is  comprehensive  enough  and  does  include  globes,  maps,  charts, 
pens,  ink,  paper,  etc.,  and  all  other  apparatus  and  appliances  which 
are  proper  to  be  used  in  the  school  in  instructing  the  youth,  and  we 
conclude,  therefore,  that  the  act  under  consideration  is  not  broader 
than  its  title,  and  the  term  ‘school  supplies’  found  in  the  tenth  section 
of  the  act  is  not  foreign  to  the  term  ‘text-books’  found  in  the  title  of 
the  act,  but  is  germane  to  and  comprehended  and  included  within  the 
term  ‘text-books.’  ” 

Loaning  Bocks. — The  law  provides  that  text-books  shall  be  loaned 
to  pupils  while  pursuing  a course  of  study  in  the  schools.  It  is  the 
duty  of  the  board  of  education  to  place  books  at  the  disposal  of  pupils 
who  need  to  study  in  the  evenings.  If,  however,  in  the  judgment 
of  the  teacher  and  the  board,  pupils  of  certain  classes  cannot  study 
profitably  outside  of  school  hours,  it  is  proper  to  place  reasonable 
restrictions  upon  the  use  of  books  at  home  by  such  pupils  or  classes. 
It  is  not  within  the  authority  of  the  school  board  to  loan  text-books, 


FREE  TEXT  BOOKS 


13 


which  are  the  property  of  the  district,  to  be  used  in  schools  held 
outside  the  district. 

Pupils  Responsible  for. — Section  9,  subdivision  18  of  the  School 
Laws,  provides  that  all  books  purchased  by  the  district  board  shall  be 
held  as  the  property  of  the  district  and  loaned  to  pupils  of  the  school 
while  pursuing  a course  of  study  therein,  free  of  charge;  but  the 
district  board  shall  hold  such  pupils  responsible  for  any  damage  to, 
loss  of,  or  failure  to  return  such  books  at  the  time  and  to  the  person 
that  may  be  designated  by  the  board  of  such  district. 

SUPERINTENDENT  W.  K.  FOWLER. 

A bill  was  introduced  into  the  legislature  of  1903  to  repeal  the 
free  text-book  law.  After  a brief  discussion  in  a committee  the  bTl 
was  reported  for  indefinite  postponement.  Experience  proves  that, 
where  proper  care  is  exercised  by  the  school  board  and  the  teacher, 
this  law  is  popular  and  satisfactory;  but  it  becomes  a detriment  and 
a nusiance  whenever  pupils  carelessly  soil,  mark,  deface,  or  destroy 
these  books.  See  that  teachers  appeal  to  the  pride  of  their  pupils;  that 
they  insist  on  habits  of  neatness  and  cleanliness;  that  they  make  a 
regular  inspection  of  the  books  at  least  once  a month — no  other 
agency  is  more  effective  than  a regular  book  inspection.  Teachers 
should  also  hold  pupils  responsible  for  preserving  and  returning  books 
in  good  condition  by  a proper  use  of  the  Permanent  Text-Book 
Record.  School  boards  should  also  furnish  each  school  room  with  a 
book-case.  We  urge  upon  school  officers  the  importance  of  furnish- 
ing their  schools  with  up-to-date  text-books.  You  should  no  more 
expect  pupils  and  teachers  to  work  with  text-books  that  are  behind 
the  times  than  you  should  think  of  throwing  aside  the  self-binder 
and  checkrower  to  return  to  the  implements  used  by  your  fathers. 
Modern  text-books  are  as  necessary  as  modern  farming  implements. 

Relative  to  the  difference  in  cost  of  text-books,  when  purchased 
by  parents  individually  and  by  the  district  as  a whole,  I will  say 
that  under  normal  conditions  the  average  cost  per  child  (including 
children  from  the  kindergarten  to  the  end  of  the  high  school  course) 
for  books  when  purchased  by  the  individual  parent  would  not  be  less 
than  two  dollars  per  year.  Figuring  on  the  enrollment  in  the  schools 
of  the  state  for  the  past  five  years  and  the  amount  expended  for 
text-books  and  pupils’  supplies  for  the  same  time,  an  average  of  sixty- 
four  cents  per  child  per  year  is  the  cost  under  the  plan  of  district 
purchase. 

The  number  of  districts  in  the  state  is  6666;  the  number  of  dis- 
tricts furnishing  free  text-books  is  6066.  The  600  districts  not  now 
furnishing  free  text-books  could  be  compelled  to  do  so  upon  complaint 
by  any  one  tax  payer  in  each  of  said  districts,  provided  it  is  within 
the  power  of  the  district  to  furnish  said  books. 


14 


STATE  SUPERINENDENT’S  REPORT 


PRESENT  STATUS 

The  free  text-book  law  still  stands  with  but  one  amendment 
thereto,  carrying  its  provisions  to  metropolitan  cities  which  the  original 
act  failed  to  do.  Let  it  be  said,  however,  that  Omaha,  the  only 
metropolitan  school  district  in  the  state,  long  before  the  enactment 
of  our  free  text-book  law,  found  the  free  text-book  system  a policy 
in  behalf  of  public  economy. 

In  the  last  legislature  a bill  was  introduced  proposing  to  change  but 
one  word  in  the  law,  making  the  law  optional  rather  than  mandatory. 
The  legislative  committee  of  the  Nebraska  State  Teachers’  Association, 
consisting  of  one  member  from  each  congressional  district  and  three 
members  at  large,  speaking  through  its  chairman,  the  Rev.  L.  P. 
Ludden,  appealed  to  the  legislature  March  14,  1907,  for  the  indefinite 
postponement  of  this  bill  in  the  following  language: 

This  committee  with  all  members  present  at  its  meeting  Febru- 
ary 1,  1907,  in  the  office  of  the  state  superintendent  at  Lincoln, 
adopted  the  following  resolution: 

Resolved,  That  it  be  the  sense  of  this  committee  that  Nebraska 
has  the  best  free  text-book  law  in  the  United  States,  and  that  we  are 
unalterably  and  unqualifiedly  opposed  to  any  amendment  thereto.. 

In  view  of  the  foregoing  facts,  we  appeal  to  your  honorable 
body  to  indefinitely  postpone  H.  R.  409,  just  reported  on  the  first 
sifting  list. 

I gave  this  appeal  by  said  committee  my  official  endorsement  in 
these  words: 

Gentlemen  of  the  House  of  Representatives: 

I w*as  present  at  the  meeting  above  referred  to  and  gave  the 
above  resolution  my  official  endorsement.  I hand  you  herewith  a 
copy  of  our  present  free  text-book  law  with  the  opinions  of  three  of 
my  predecessors  in  support  of  this  law.  Note  what  State  Superin- 
tendents Corbett,  Jackson  and  Fowler  said  in  behalf  of  this  law. 
Note  also  the  decisions  of  the  Supreme  Court  as  to  when  districts 
must  furnish  free  text-books  and  when  they  are  exempt,  pages  6 and 
7 of  said  circular. 

Be  it  said  to  the  wisdom  of  the  members  of  the  House  of  Repre- 
sentatives that  said  bill  was  indefinitely  postponed  by  a vote  of  ninety- 
nine  to  one. 

Supt.  H.  R.  Corbett  was  the  first  state  superintendent  to  make 
an  extensive  study  of  the  workings  of  the  free  text-book  law,  which 
was  continued  by  Superintendents  Jackson  and  Fowler.  To  Mr. 
Corbett  belongs  the  honor  of  urging  upon  teachers,  school  officers  and 
pupils  a proper  care  of  school  property,  and  especially  of  text-books. 
We  give  here  his  suggestions  therefor: 


FREE  TEXT  BOOKS 


15 


CARE  OF  TEXT-BOOKS 

“Under  our  present  text-book  law  this  subject  is  one  of  the 
greatest  possible  importance  in  every  school.  Reports  show  that 
where  proper  care  is  exercised  by  the  school  board  and  teacher  (es- 
pecially by  the  latter)  the  free  text-book  law  is  popular  and  satis- 
factory; but  it  becomes  a detriment  and  a nuisance  wherever  pupils 
are  carelessly  allowed  to  soil,  mark,  deface,  or  destroy  the  books. 
If  the  law  is  a failure,  it  is  probably  the  fault  of  the  teachers  or  the 
board. 

“The  conditions  are  not  the  same  in  all  schools.  The  methods 
to  be  employed  must,  therefore,  be  determined  by  the  teacher’s  judg- 
ment and  tact.  The  following  suggestions  will  probably  be  found 
helpful: 

“1.  Appeal  to  the  Pride  of  the  Pupils. — Say  they  do  not  want 
the  superintendent  and  visitors  to  And  them  more  careless,  dirty, 
destructive,  etc.,  than  other  schools.  Such  visitors  might  wrongly 
conclude  that  they  were  not  well  taught  at  home.  This  would  reflect 
upon  their  parents  and  their  homes,  of  which  they  are  so  proud,  etc. 
Tact  and  ingenuity  will  find  many  ways  of  reaching  pupils.  If  the 
teacher  can  once  secure  a sentiment  in  favor  of  good  care  of  books, 
the  work  is  half  done. 

“2.  Book  Inspections. — Every  school  should  have  a regular  in- 
spection of  books  monthly,  or  at  some  other  stated  period.  Make 
it  systematic,  but  arrange  so  as  to  suit  the  teacher’s  convenience.  It 
need  not  take  long,  and  can  be  done  before  or  after  school,  at  recesses 
or  noon,  or  in  part  at  least,  during  school  hours,  as  most  satisfactory. 
(For  method  of  recording,  see  “Use  of  Text-Book  Record.”)  No  other 
agency  is  more  effective  than  the  regular  book  inspection.  It  offers 
the  teacher  the  best  means  of  knowing  the  condition  of  all  books; 
but  its  chief  use  is  to  keep  the  children  reminded  of  their  duty  in  this 
matter.  The  teacher  should  often  allude  incidentally  to  the  next 
inspection.  Of  course  all  this  requires  a little  thought  and  time,  but 
not  much,  after  all,  when  results  are  considered. 

“3.  New  Books. — If,  unfortunately,  books  in  your  school  are  in 
a bad  condition,  make  it  a special  point  to  preserve  the  new  books 
purchased;  then  as  the  old  ones  wear  out  a better  condition  of 
things  will  be  brought  about  in  time. 

“4.  Habits  of  Neatness. — It  is  as  important  to  teach  children 
neatness  in  their  habits  as  to  teach  them  reading  and  arithmetic, 
nor  are  they  too  young  to  learn  about  duty  to  the  public  and  the 
responsibility  involved  in  the  use  of  public  property.  The  free  text- 
book plan  gives  the  teacher  better  opportunities  for  this  kind  of 
culture  than  does  individual  ownership.  Is  not  this  a nobler  motive 
than  simply  the  selfish  interests  of  pupils  and  parents  to  protect  their 
own  property?  Yet  the  principal  objection  to  the  law  is  that  it  takes 


16 


STATE  SUPERINTENDENT’S  REPORT 

away  this  selfish  interest;  and  where  teachers  and  school  boards 
are  so  careless  as  to  remove  the  better  motive,  it  is  no  doubt  true 
that  the  selfish  motive  is  better  than  none.  Show  that  in  your  school 
and  under  your  influence  the  better  method  is  more  effective. 

“5.  Covering  Books. — Advantages. — First,  saving  of  books; 
second,  greater  cleanliness;  third,  uniformity  of  appearance — pupils 
less  likely  to  complain  that  books  are  old  and  worn.  The  cover  should 
be  renewed  whenever  a different  pupil  begms  using  it. 

“Do  not  allow  pupils  to  deface  covers.  Allow  no  marks  except 
name  of  pupil  and  name  of  book. 

“Material. — All  books  should  be  covered  with  strong,  smooth 
paper.  In  the  smaller  cities  and  towns  suitable  material  can  usually 
be  secured  best  at  a good  hardware  store.  It  is  cheap  and  should  be 
provided  by  the  director  in  sufficient  quantities. 

“Size  of  Sheet. — Length,  about  one  and  two-thirds  times  the 
width  of  the  book  when  opened  wide;  width  about  twice  the  length  of 
the  book.  (Exact  dimensions  not  essential, — best  size  can  be  deter- 
mined by  a little  experimenting.) 

“Directions. — There  is  only  one  good  way  to  fold  and  apply 
covers.  No  stitching  or  pasting  is  necessary,  and  a perfect  cover 
can  be  made  with  a little  practice.  Lay  sheet  on  table  with  longer 
edge  toward  you;  fold  further  edge  down  toward  you  and  lower  edge 
up  from  you  and  crease,  making  the  folded  sheet  slightly  wider  than 
the  length  of  the  book.  Then  fold  right  hand  end  of  this  folded  sheet 
over  to  the  left,  and  left  hand  end  over  to  the  right  and  crease,  making 
the  length  of  the  folded  sheet  a little  more  than  the  width  of  the  book 
when  opened  wide.  The  cover  is  now  ready  to  insert  the  book.  Bend 
the  stiff  covers  of  the  book  back;  insert  one  of  them  in  one  side  of 
paper  cover  and  the  other  in  the  other  side.  A little  practice  will 
enable  you  to  fold  the  sheet  so  as  to  make  a perfectly  fitting  cover.’’ 


